It is illegal if your employer is doing any one of these three things.

Hi, my name is Doug Lipsky, and I am an employment lawyer.

First, if you are an hourly employee, it is illegal for your employer to ask you to perform work and not pay you. For example, if they ask you to come in early but tell you not to clock in yet, or if they tell you to clock out and then ask you to complete 10 or 15 minutes of additional work. If you are working, you must be paid.

Second, it is illegal for your employer to fire you because you complained about unlawful conduct. For example, if you report discrimination or another form of illegal behavior and your employer fires you shortly after, often within one or two months, that may be unlawful retaliation.

Third, if you are an hourly employee and you work more than 40 hours in a week, your employer must pay you overtime at time and a half. For example, if your hourly rate is 20 dollars, you must be paid 30 dollars for each hour worked over 40.

If your employer is not paying overtime, they are breaking the law.

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